During a special session called by Governor Jay Inslee the Washington Legislature on Tuesday passed a bill to make drug possession a gross misdemeanor while boosting substance-use treatment programs.
The bill was quickly signed into law by Governor Inslee, who said that it “is not designed to fill our jails, it’s designed to fill our treatment centers”. The measure passed the House 83 to 13, and passed the Senate 43 to 6.
According to Inslee the bill was needed given that a temporary measure making drug possession a misdemeanor expires next month. If the measure was to expire, as some drug reform advocates have called for, drug possession would have been entirely decriminalized due to a 2019 decision by the Washington Supreme Court. Prior to the 2019 decision the possession of most drugs was a felony, even if the individual had just a miniscule amount.
Governor Inslee says the new law boosts resources to help those struggling with addiction, providing millions for drug treatment and recovery services. Inslee says the bill “strikes a sensible, a common sense and effective policy between accountability and treatment”.
The new law increases penalties for knowing possession of a controlled substance or counterfeit substance to a gross misdemeanor, punishable by up to 180 days in jail for the first two convictions, a $1,000 fine or both. In the previous law set to expire in July, it was classified as a misdemeanor, which is punishable by up to 90 days in jail, a $1,000 fine or both.
The measure also creates a pretrial diversion program, giving those charged with possession of prohibited substances the option to agree to be part of a substance use disorder treatment program in exchange for the state dismissing the charge.
“This bill I think has been a very thoughtful process rather than some emotional response to a devastating problem,” said Inslee. “It is our deep hope that this will help people away from the scourge of addiction, that it will reduce crime overall in our communities and will help our children be safe from the scourge of drug addiction.”
The bill digest says approximately $51 million is allocated to this law, with $44 million to be invested in drug treatment and recovery services, according to Inslee.
“This bill isn’t perfect, but it is a strong step in the right direction and addresses major shortcomings” said Senate Republican Leader John Braun and House Republican Leader Drew Stokesbary in a statement. “This policy will provide opportunities to those who seek treatment for drug addiction and hold accountable those who refuse it. We applaud everyone involved in the negotiations for their dedication to finding a workable solution. Public safety has been the top priority for Republicans this session. Allowing the legalization of hard drugs was never an option for us.”
“Our communities deserve to feel safe and comfortable in public spaces,” said Democrat Representative Jamila Taylor. “This bill recognizes the harm that public use causes our communities by creating the crime of public use. More importantly, it focuses on the most up-to-date science on recovery, working to connect people to treatment, housing, services, and employment opportunities.”
The majority of the law will go into effect on July 1, 2023, while a provision requiring forensic labs to aim to complete analysis of evidence within 45 days of receipt will go into effect on January 1, 2025.
